Under certain circumstances, a court of original jurisdiction may entertain a motion for leave to renew a prior order or judgment based on newly discovered evidence, even after an appellate court has rendered a decision on that order or judgment. However, absent any of the circumstances set forth in CPLR 5015, which are inapplicable here, a motion for leave to renew based upon an alleged change in the law must be made prior to the entry of a final judgment, or before the time to appeal has fully expired. Here, the petition was no longer pending when petitioner made its motion, based on an alleged change in the law, and, therefore, the motion was untimely.
Matter of 160 E. 84th St. v. New York State Div. of Hous. & Community Renewal, NY Slip Op 01729 (1st Dep't March 15, 2022)
